Order on Board

Per Arvind Kumar Verma, J.

07/02/2024 Heard Mr. Apurv Goyal, learned counsel for the petitioner.

Also heard Mr. Ramakant Mishra, learned Assistant Solicitor General for respondent No.1/Union of India, Mr. Yashwant Singh Thakur, learned Deputy Advocate General, appearing for respondents No. 2 & 8/State, Mr. Nirnay Gupta, learned counsel appearing for respondents No. 3 to 5 and Mr. Abhishek Sinha, learned Senior Advocate assisted by Ms. Srishti Upadhyay, learned counsel appearing for respondent No.9.

2. The present public interest litigation has been filed by the petitioner with the following prayers:

10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to restrain the respondent No.9 for any operations in their second unit situated in village Ringni and Kesda Patwar Circle No.20 and 19 and Revenue Circle Simga District Baloda Bazar-Bhatapara (CG) without obtaining proper sanctions/permissions/environmental clearance.

10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent No.9 to immediately halt/stall/stop all the illegal activities carried on without any prior Environmental Clearances.

10.3 That, this Hon’ble Court may kindly be pleased to quash/set aside the Consent to Establish dated 20.06.2022 and Consent to Operate dated 31.05.2023 (Annexure P/2) granted to Respondent NO.9 for second unit as the same is in violation of the environmental laws. 10.4 That, this Hon’ble Court may kindly be pleased to order an independent investigation/constitute an expert committee into the actions of Respondent No.9 and other Respondent authorities and hold them liable for their failure to fulfill their Constitutional duty and statutory obligation and should be held liable under polluters pay principle.

10.5. That, this Hon’ble Court may kindly be pleased to direct the Respondent authorities to impose heavy cost on the project proponent for their indulgence in causing huge amount of environmental loss and endangering public lives for their own profits.

10.6 That, this Hon’ble Court may kindly be pleased to impose strict penalties, including fines and imprisonment, on the responsible authorities/ management of the project proponent and respondents for their willful disregard of environmental laws and public safety.

10.7 To award the cost and expenses of this petition.

10.8 To issue any other writ or direction or orders in favor of the petitioner and against the Respondents upon these facts and int he circumstances of the case int he interest of justice and equity.

10.9 Any other relief/reliefs, which this Hon’ble Court may think fit and proper in favour of the petitioner in the interest of justice. ”

3. The present writ petition, styled as public interest, litigation has been filed by the petitioner who is a resident of village Marracona, Tahsil Simga, District Baloda Bazar, Chhattisgarh. The petitioner herein is challenging the gross violation of environmental laws, hazardous waste being done by the project proponent, en-masse cutting of numerous green trees, illegal encroachment of government land, and destruction of agricultural land and depletion of ground water in villages Ringni and Kesda, Tahsil Simga, District Baloda Bazar-Bhatapara. The respondent No.9 has established and expanded industrial units without obtaining any prior Environmental Clearance (for short “EC”) which is mandatory under law. The project proponent have fraudulently and by suppression of material facts previously submitted before this Hon’ble Court has obtained the consent to operate, which is resulting in grave environmental pollution in the area. The petitioner has raised objections, made representations, issued legal notice and complained to the State authorities, but they have failed to fulfill their legal duty and statutory obligations. It is further submitted that the industry is being operated without environmental clearance as defined under the environmental laws and causing environmental damage.

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